ARTIFICIAL INTELLIGENCE IS NOT USED, IN WHOLE OR IN PART, IN THE SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS PREPARED BY NYPPL

September 12, 2023

Selected links to judicial and administrative decisions involving an employee's "absence" from work

An employee's absence from work may be based on various reasons or excuses alleged or claimed by the individual. Below are a number common absences from work that served as the genesis for litigation in New York courts.

Accruing vacation and sick leave credits during leave for ordered military leave

Alleged abused the school district’s leave provisions, http://www.counsel.nysed.gov/Decisions/volume39/d14280.htm

Applying the provisions of Civil Service Law §§71, 72 and 73

Determining the compensation to be paid a teacher absent from work when “school is in recess”

Extension of the probationary period as the result of absence during the probationary period

Employee’s reporting feeling “tired, lethargic, fatigue-ish and ill” insufficient notice to trigger the protections of the FMLA

Filing disciplinary charges against an employee where the absence is due to an injury or disease

Negotiating paid religious holidays  

Requiring employees absent on sick leave to be examined by a physician designated by the employer before returning from such leave

Uninterrupted Civil Service Law §72 absence for one year or more permits termination of employee pursuant to §73 of the Civil Service Law

Workers’ compensation leave pursuant to Civil Service Law Section 71

NYPPL's E-book focusing on disability leave for fire, police and other public sector personnel is available for purchase from BookLocker. For information and access to a free excerpt of the material presented in this e-book, Click HERE

In addition, the New York State Workers’ Compensation Board continues to offer its webinar series for workers and their advocates. Workers’ Comp 202: Best Practices to Access Benefits for Workers, A presentation by the Office of the Advocate for Injured Workers.  Webinars currently scheduled are listed below.

The sessions are free and time for questions is provided.

Tuesday, October 2, 2023
10:00 A.M. - 11:30 A.M.
Register here

Wednesday, December 13, 2023
10:00 A.M. - 11:30 A.M.
Register here

Topics include:

  • Understanding labor market attachment
  • Details on benefit periods and how benefit rates are calculated
  • The importance of items such as the degree of disability and the Carrier Continue Payments (CCP) order
  • How advocates can help workers and comply with privacy provisions
  • The Workers’ Compensation Board’s New York Medical Treatment Guidelines, and more!

 

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
New York Public Personnel Law Blog Editor Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
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